Deferred Action

Our legal team has more than 90 years of combined experience working in immigration law. We’re prepared to help you seek Deferred Action status in the U.S.

In June of 2012, the Deferred Action policy was introduced as the newest policy of the Department of Homeland Security (DHS). The major immigration policy has since brought about new opportunities for the more than one million undocumented immigrants currently residing in the United States. Under its reforms, the Deferred Action policy allows for immigrants who meet a certain set of requirements to apply for “deferred action” status for two years. This status, which is subject to renewal, is allotted to undocumented aliens who entered the U.S. before turning the age of 16.

Deferred Action status hinges upon the government’s immigration policy. It also requires government officials to stop removal proceedings for eligible aliens, thereby inhibiting the government’s ability to initiate deportation proceedings against “deferred action” status immigrants. The temporary status and work authorization that are allowed to immigrants under the Deferred Action policy are also referred to as Deferred Action for Childhood Arrivals (DACA). To find out if your situation qualifies you for this type of status, we encourage you to speak with a New York immigration attorney from our firm.

Meeting Requirements: Do you qualify?

As we touched upon earlier, there are a specific set of requirements that must be met in order for an undocumented immigrant to obtain “deferred status” in the U.S. These requirements are as follows:

The immigrant entered the U.S. prior to the age of 16

The immigrant has resided in the U.S. without interruption for the last five years (prior to June 15, 2012)

The immigrant entered the U.S. without inspection (before June 15, 2012)

The immigrant’s lawful immigration status expired as of June 15, 2012

The immigrant was present in the U.S. on June 15, 2012 when the Deferred Action policy was announced

The immigrant was present in the U.S. at the time that their Deferred Action status was requested

The immigrant was under the age of 31 as of June 15, 2012

The immigrant is older than the age of 15 (with the exception of those who are in removal proceedings)

The immigrant has not been convicted of a significant misdemeanor or felony offense (or multiple misdemeanor offenses)

The immigrant poses no threat to U.S. national security

Obtaining a Social Security Number & Driver’s License

Immigrants who are offered “deferred action” status in the United States will also be eligible to obtain a Social Security number. As soon as the immigrant receives his or her Employment Authorization (aka work permit), the immigrant will be eligible for a Social Security number.

In order to receive a new Social Security number, the immigrant whose employment has been authorized must apply in person at their local Social Security Office. At this time, a passport, birth certificate (including the necessary translation), and the employment authorization document must all be present.

In the state of New York, “deferred action” immigrants can also obtain a valid driver’s license. After the Employment Authorization and Social Security number have been successfully obtained, and all other necessary documents identified in the six-point system have been obtained, a valid driver’s license can be sought as well.

Apply for Deferred Action with Our Help

As an undocumented immigrant who is currently living in New York, you should make every effort to solidify your residential status in the U.S. To do so, we suggest that you contact Pozo Goldstein, LLP as soon as possible. Under the direct guidance of a legal team with more than 90 years of combined experience working in the field of immigration law, we are well primed to help you seek “deferred action” status in the U.S.

At Pozo Goldstein, LLP, we are committed to the clients we represent, and we are ready to go above and beyond in the efforts put forth on their behalf. The Deferred Action policy that was introduced in 2012 offers more opportunities for many of the undocumented immigrants currently living in New York and other states throughout the country. We are here to help you take advantage of these opportunities, so don’t wait to contact an immigration lawyer in New York at our office.